Distribution of household items in separate life Decision Unfortunately this specification of service has not yet been completely translated.

If you are married or in a registered civil partnership but live separately, you can request a distribution of household items for the time of the separate life.

If you are unable to agree with your partner living in separation on the distribution of household items, you can make a claim to the distribution of household items in court.

  • where applicable, evidence of ownership of household items
  • if applicable, inventory list of household items with the respective ownership relationships and, if applicable, the presentation of distribution in the event of a later divorce, countersigned by your spouse or civil partner or your spouse or civil partner
  • if necessary, evidence of the circumstances relevant to the balance of fairness, e.B. medical certificates

No

Preconditions

As a spouse or civil partner, you are entitled to the distribution of household items if:

  • you cannot agree on the distribution of the items,
  • they are separate spouses or civil partners,
  • the items in the dispute are household items,
  • the object belongs to you personally,
  • you do not have to leave the item to your partner for use, as the partner needs the item to keep a separate household.
  • Items belonging to the partners are distributed between them according to the principles of equity

Related Links

  • Section 1361a Of the Civil Code (BGB)
  • Section 111 No. 5 Law on Proceedings in Family Matters and voluntary jurisdiction (FamFG)
  • Section 200 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
  • Section 269(2), Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) for civil partnership matters
  • Section 270 Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) for civil partnership cases

An application for the distribution of household items in the event of separate life must be submitted to the district court responsible for section 201 f. FamFG - Family Court.

  • In order to facilitate its decision, the court may impose an obligation to provide information on each of the spouses in accordance with Paragraph 206 I of the FamFG.
  • The court is due to discuss the matter with the spouses in an appointment. It is intended to order the personal appearance of the spouses.
  • The court shall decide on the distribution of household items by order. It may fix an appropriate remuneration for the use of household items.

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Last update or date of publication
10.11.2020